Concluded Cases

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Concluded Case 98GT000230
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Concluded Case 98GT000523
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Report on the status of cases which were being investigated
or monitored by the ICD

1. Ganyesa case

On Thursday, 24 February 2000 Sgt. Neo Christopher Athibeng was sentenced to life imprisonment after being found guilty of the murder of Julias Modise in the Mmabatho High court in a case before Mr Justice Nkabinde.

The incident occurred at the Motimalenyora High Tavern in Ganyesa in the North West Province on 3 February 1999, where the two started a quarrel which ended up with Sgt. Athibeng fatally shooting Modise twice with his service pistol.

The ICD took charge of the investigation of the case and after finalising the case, handed over the case docket to the office of the Director of Public Prosecutions (DPP) on 16^th July, 1999 with the recommendation that the accused be indicted for murder.

The DPP accepted the recommendation of the ICD and the case was heard in the Mmabatho High Court from November 1999. The High court proceeded with the prosecution and convicted the accused for the murder and sentenced him to life imprisonment.

2. BBC Case

The two policemen implicated in an incident of assault shown of BBC Video material were convicted of common assault and assault with intent to do grievous bodily harm on 28 February 2000, (Monday), at Courtroom no. 3,in the Johannesburg Magistrate’s Court.

Inspector Johannes Abrie Rautenbach and Sgt. Daniel Christopher Liebenberg who were stationed at Brixton Flying Squad assaulted two male persons who had hi-jacked a BMW vehicle, at the corner of Rissik and Wolmarans Streets in Johannesburg on 24^th January 1999.

Members of the flying squad gave chase until the BMW crashed against a tree in Diepkloof, Soweto, Johannesburg.

The ICD took over the investigation and after finalising the case, handed over the case docket to the office of the Director of Public Prosecutions (DPP) in September, 1999 with a recommendation that the accused face charges relating to assault with intent to do grievous bodily harm.

The DPP accepted the recommendation of the ICD and the case was heard in the Magistrates Court from October 1999, proceeded with the prosecution and convicted the accused for common assault and assault with intent to do grievous bodily harm respectively.

Inspector Rautenbach was convicted of two counts of common assault and Sgt. Liebenberg was convicted of assault with intent to do grievous bodily harm. The sentencing of the accused will be heard on 13 April 2000.

3. Garsfontein Case

The two Police Officers implicated in an incident of murder of Barend Jacobus Booysen will appear at the Johannesburg High Court, Johannesburg on a date still to be announced.

The incident occurred at House no 44 Jacqueline Drive in Garsfontein, Pretoria, mid December 1999, where Sgt. M.P. Oosthuizen and Sgt. J.J. Booysen responded to a house breaking call which resulted in the shooting of the Mr Booysen by the Police Officers. It had been Mr. Booysen who called the police to the scene.

The ICD took charge of the investigation of the case on 22nd December, 1998 and after finalising the case, handed over the case docket to the office of the Director of Public Prosecutions (DPP) on 18^th June, 1999 with the recommendation that the accused be indicted for murder or culpable homicide.

The DPP accepted the recommendation of the ICD and decided to prosecute both officers for murder and the case was first heard on 24^th November, 1999, while the second appearance was on 13^th December, 1999. The case will continue in Johannesburg High Court on a date still to be announced.

4. Mabaso Case

All nine Police Officers implicated in an incident of assault of Thabo Mabaso are appearing in Mitchell’s Plain Magistrate Court from 21 February, 2000 to 03 March 2000.

The incident occurred at the Gugulethu Police Station in the Western Cape on 27^th June, 1998, where the complainant was assaulted by SAPS members at the Gugulethu charge office while reporting a collision . The alleged assault resulted in the complainant losing sight in his left eye.

The ICD took charge of the investigation of the case and after finalising the case, handed over the case docket to the office of the Director of Public Prosecution with a recommendation that Officers involved face charges relating to assault with intent to do grievous bodily harm and deafeating the cause of justice.

The DPP accepted the recommendation of the ICD and the case is being heard in the Mitchell’s Plain Magistrate Court from 21st February, 2000.

On Thursday, 27 January 2000 Const. John Johnson was sentenced to 10 years imprisonment after being found guilty of the murder of Finidawo Dodi Ndlela in the Kimberley High Court in a case before the acting Judge Mr Justice G. Boshielo.

The incident occurred at a shebeen in Galeshewe in the Northern Cape Province on 24 June 1999, where Const. Johnson allegedly accused Funidawo Ndlela of being in possession of stolen properties which ended up with the fatal shooting of Mr Ndlela by Const. Johnson with his service pistol.

The ICD took charge of the investigation of the case on 24th June, 1999 and after finalising the investigation, handed over the case docket to the office of the Director of Public Prosecutions (DPP) with the recommendation that the accused be indicted for murder.

The DPP accepted the recommendation of the ICD and the case was heard in the Kimberley High Court on 24 – 27 January 2000. The High court proceeded with the prosecution and convicted the accused for the murder and sentenced him to ten years imprisonment.